What
can be deducted from
your
security deposit?
1.
Any charge specified in the lease or any charge
resulting from your breaking the lease.
2.
Charges for damages, wear and tear resulting from
negligence, carelessness, accident or abuse on your part.
"Normal wear and tear" items cannot be deducted. ·
3. Unpaid rent and other unpaid charges listed in your
lease, such
as
those for late rent payment, returned checks,
missing furniture or fixtures, unreturned keys, etc.
4. The reasonable cost
of
cleaning if you fail to properly
clean before you leave. Many rental properties have writ-
ten cleaning instructions for you to follow.
5. Any deduction must be listed in a written description
and itemization mailed
to
you on
or
before 30 days after you
leave. However, there
is
no obligation that you be furnished
this information
if
you have not paid all
of
your rent or
if
you have not given your forwarding address in writing.
If
you must
move
before
your
lease expires
Immediately notify the manager and offer to help find
a new resident. Normally you still will be liable for all
of
the rent for the remainder
of
the unexpired lease term even
if you've quit school, changed jobs, lost a roommate, etc.,
but sometimes this can be worked out
if
you find a
replacement. You may also be responsible for a reletting
fee
if
the lease provides for one. This fee is a liquidated
amount for damages to compensate the owner for the time
and expense incurred in finding a new resident.
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If
you have signed a
TAA
lease, the rental property
•:,m.c.},\•i?.,\')
owner
or the company managing the property or the
II
-
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.•
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apartment locator service you used must be a mem-
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ber
of
the local apartment association governing
that area. These
TAA
affiliates are often available to advise you in the
event
of
disagreement and are located
in
the cities listed below.
The
Texas Apartment Association refers all resident disputes to the local
apartment association governing the property concerned.
Big Country, Abilene
Panhandle, Amarillo
Austin, Austin
Southeast Texas, Beaumont
Bryan/College Station, Bryan
Corpus Christi, Corpus Christi
Corsicana, Corsicana
Greater Dallas, Dallas
El
Paso, El Paso
Tarrant County, Fort Worth
Galveston County, Galveston
Central Texas, Belton
Rio Grande Valley, Harlingen
Houston, Houston
Greater Longview,
Longview
Lubbock, Lubbock
Midland, Midland
Permian Basin, Odessa
Piney Woods, Nacogdoches
San Angelo, San Angelo
San Antonio, San Antonio
Texarkana Area, Texarkana
Tyler, Tyler
Victoria, Victoria
Heart
of
Texas, Waco
North Texas Rental Properties,
Wichita Falls
Copyright
1998, Texas Apartment Association, Inc.
18M598
Residential
Rental Housing,
Apartment Living
and
Texas
law
Prepared
by
the Texas Apartment Association
in cooperation with its
26 affiliated associations in Texas
O
ne
of
the
most important decisions a person makes is finding a place to live. If you
are
renting, you will sign
a lease, which is a legal obligation to
l~ve
s?meplace and pay rent for a certain length
of
time ( usually six months
or
a year). There are very few exceptions m which a lease can be broken. Therefore,
your
rental home should
be chosen with great care.
When
you
fill out
an
application
Once you find a place where you want
to
live, you will
be required to fill out a rental application. In most cases,
you will be charged
an
application
fee
to cover the cost
of
running credit checks, verifying rental histories, etc. This
fee
is
non-refundable.
You may also be asked to pay an application
deposit.
This deposit is applied toward your security deposit
if
your application is approved.
If
it is not, the deposit is
refundable in most cases. However, depending on the
application you fill out, the deposit may not be refunded
if you are accepted but decide not to move in, you fail to
tell the truth on your application, or for certain other
reasons.
If
an owner in bad faith fails to timely return an
application deposit, the owner may be liable for a fine
of
$100, three times the amount
of
the application deposit
and reasonable attorney's fees. There
is
no statutory
deadline for return
of
an
application deposit.
Texas law provides that a rental applicant will be
presumed to be rejected at the end
of
the seventh day after
the owner receives a completed rental application
or
application deposit, unless the owner notifies the appli-
cant
of
acceptance by that time.
If
the seventh day falls on
a Saturday, Sunday or holiday, the deadline for notifying
1
Check
to see how
much
advance notice
you
must
give before moving at
the
end
of
your
lease
term.
(A
30-day written notice is normal
when
rent
is
paid
monthly.)
2
~ook
for
security
deposit
refund
restric-
tions.
3
Look
for
your
rental housing owner's obliga-
tion to
make
needed repairs.
(A
requirement
for
diligence is common.)
an
applicant
of
acceptance
is
extended until the end
of
the
next day following the Saturday, Sunday or holiday.
Avoiding problems
Most disagreements between residents
and
rental hous-
ing owners or managers occur because
of
misunderstand-
ings about the obligations taken on by each party when
an
apartment or other rental housing
is
leased. The best ways
to
avoid problems are
to:
1.
Read your lease carefully before signing.
2.
Ask questions about anytlling that
is
unclear.
3. Put everything
in
writing, including agreements,
notices and requests.
After you sign the lease
Keep a copy signed by you and the owner or manager.
The lease
is
the most important set
of
rules
to
follow if you
have a disagreement. Also keep a copy
of
the apartment or
rental
housing
rules
(sometimes
called "community
policies").
Make a checklist
of
conditions
of
the property and
furniture when you move in. (Most properties use an
inventory and condition form). Sign it, have the manager
sign it and keep a dated copy. This will be your best
defense in any dispute over deductions for repairs when
4
Be sure to read any cleaning instructions. (Clean-
ing costs usually can be deducted from your secu-
rity deposit
if
you fail to follow instructions.)
5
Check
on
prohibitions
against
subletting
or keeping animals. (Written permission is usu-
ally required. Also, there is usually an extra deposit
for animals.)
6
Ask
the manager to write
in
and initial any
oral agreements or changes in the lease that are
agreed to
by
you and the owner's representative.
(=)
The
:exas
Apartment Association encourages and supports fair housing laws. It is illegal to discriminate ir
:r.~.=
housing because
of
race, color, religion, sex, disability, familial status
or
national origin.
you move out. Keep your rent
payment
current
as
required
by your lease. You should not withhold rent, since that
could make you subject
to
eviction and liable for paying
the remaining rent.
Renters
insurance
You should obtain renters insurance to provide protec-
tion for your personal belongings in case
of
burglary,
vandalism, fire, storm damage and other disasters. The
property owner's insurance does not cover your personal
belongings against loss. Unless you obtain renters insurance
you may also
be
personally liable to the owner and others for
certain acts which are normally covered by renters insurance
policies.
If anything needs to be repaired
If
the
lease requires
the
management
to
make repairs,
inform the manager in writing and keep a dated copy.
The law requires in nearly every instance that the
owner must repair security devices and conditions that
materially affect the health and safety
of
the ordinary resi-
dent. Give the manager written notice
of
the needed repairs,
and keep a dated copy.
If
you don't receive a response within
a reasonable time, re-notify the manager orally and in
writing.
If
you still don't get a response, you may have legal
grounds to exercise statutory rights
of
lease te1mination,
compulsory repairs, damages, penalties, third-party repair
and deduct, and attorney's fees. (Instead of giving two
separate written notices, you can give a single notice by
certified mail, return receipt requested.)
Specific procedures must be followed for statutory rem-
edies, and disregarding those procedures can expose you to
a civil damages suit against you
by
the owner. Repairs
of
problems resulting in mere discomfort or inconvenience are
not covered by the statute. The city building inspector's
office or county health department can be
of
some help
if
the
condition violates state statutes
or
local housing codes
regarding safety and sanitation.
Smoke detectors
All residential rental dwellings (including apartments)
must have smoke detectors installed by the owner. You
may demand installation
of
a smoke detector at the owner's
expense,
if
your dwelling unit does not have a detector.
You are responsible for replacing batteries during your
lease term and checking to
make
sure that the smoke
detector is working. It is a violation
of
Texas law to disable
or disconnect a smoke detector. It is also a violation
if
you
remove working batteries without replacing them. Any-
one who disables a smoke detector may
be
responsible for
damages
if
a fire occurs.
What are your rights regarding security devices?
The Texas Property Code requires that the owner
provide to you at no cost when occupancy begins:
1.
A window latch on each window;
2. A doorknob lock or a keyed deadbolt lock on each
exterior door, with certain exceptions;
3. A keyless bolting device (keyless deadbolt lock) on
each exterior door; with certain exceptions for elderly and
disabled residents;
4. A doorviewer (peephole)
on
each exterior door;
5. A pin lock on each sliding glass door; and
6. A security bar or door handle latch on each sliding
glass door.
Texas law also requires the
owner
to rekey all exterior
door locks between (1) the time
the
prior resident
moved
out
and
(2) the
seventh
day
after
you.move
in.
If
the owner fails to install or rekey security devices as
required by the Property Code, you have the right to do so
and deduct the reasonable cost from your next rent pay-
ment under Sections 92.165(1) and 92.164 (a) (1)
of
the
Code.
Subject to some limitations, under Texas law you may
at any time ask the owner to:
1.
Install a keyed deadbolt, keyless deadbolt and
doorviewer on all exterior doors;
2.
Install a pin lock and security
bar
on
all sliding
glass doors; and
3. Change
or
rekey locks
or
latches.
The owner must comply with those requests,
but
you
must pay for them unless the device is required by statute
when occupancy begins.
Who
is
the owner
or
management company?
On
occasion you may want to find
out
the name and
address
of
the owner or the management company that is
responsible for the property.
Upon
written request
to
the
managing agent
of
the owner,
you
are entitled to be given
the name and mailing address
of
the owner and/or the
name and street address
of
the property management
company. This information is also available to govern-
ment officials acting in an official capacity.
If
you cannot
get this information and
if
you follow statutory notice
procedures, you may
be
able to terminate your lease
or
sue
for your cost
of
getting the information, one month's rent
plus $100, court costs and attorney's fees.
. - lryofflfave riofpaid your
rent.
Most leases allow the management
to
enter and seize
items such as TVs, radios, cameras, sports equipment,
certain furniture, etc., for non-payment
of
rent. Such pro-
vision is valid only
if
it is underlined
or
in bold print in your
lease. Without a written lease that specifically gives this
right
of
seizure, the manager must go to court to seize the
property.
You cannot
be
permanently locked
out
of
your apart-
ment for failure to pay rent. However, the manager may
change the doorlock when
your
rent is overdue. But
advance written notice must be given before the lockout
occurs and you
must
be given the opportunity to pay your
past due rent. After the lockout occurs, written notice must
be left
on
the door telling where the key can be picked up
at any hour regardless
of
whether the overdue rent has
been paid.
Your electricity may be disconnected in certain cases.
Before your electricity can
be
disconnected, the
owner
must give you advance notice as provided by Texas law.
The owner must also give you
an
opportunity to pay any
past due rent and other charges, and must reconnect the
electricity promptly, as provided under the law, once you
have paid all past due rent.
You can
be
sued for unpaid
rent
and attorney's fees
(if
the lease so provides).
If
you have moved prior to the end
of your lease term, the amount
of
any court
judgment
against you for future, unpaid rents must
be
reduced
by
the
amount that the next resident
pays
in rent for your unex-
pired lease term.
To
help assure return
of
your security deposit
1.
Before you leave, give whatever written notice your
lease requires. (Most leases require
at
least a 30-day
written notice).
Your
security deposit cannot be kept for
failure to give such notice unless the provision requiring
it
is
underlined
or
in bold type
in
the lease.
2. You must stay for the full term
of
your lease.
3.
You must give written notice
of
your forwarding
address.
4. You must not
be
delinquent in your rent when you
move out.
5. You must leave the premises in a clean condition
and abide by any other lease provisions regarding security
deposit refund.
6. You cannot deduct the
amount
of
the security
deposit from
your
last month's rent.
If
you
do so,
you
can
be sued for three times the amount
of
the deposit plus
attorney's fees.
7. Go through your apartment
or
other rental property
may sue for three times the
amount
illegally held, plus
attorney's fees and a $100 fine.
If
you sign a lease but don't
move
in
If
you sign a lease but
don't
move
into the rental unit
by the lease (move in) date, the
owner
must return your
security deposit or rent prepayment
if
either you
or
the
owner find a replacement resident who is satisfactory to
the owner, and
if
the replacement resident moves into the
dwelling on
or
before the lease
commencement
date.
If
the
owner secures a satisfactory replacement resident who
occupies the dwelling before
the
lease commencement
date
of
the original resident,
the
owner may retain or
deduct from the security deposit
or
rent prepayment: (1)
a sum agreed to in the lease as a
lease
cancellation fee;
or
(2) the actual expenses incurred
by
the owner in securing
the replacement, including a reasonable amount for the
owner's time in securing the replacement resident.
There
is
no statutory limit
on
the amount
of
the lease cancellation
fee
or
on the amount due for the
owner's
time.
The
management
gives
the
resident writ-
ten notice to vacate.
If
a written lease
states so, this
notice
may
be
given
to
the
resident
just
one
day
before
the
resident
is
asked
to
move
out.
If
a
written
lease
does
not
state otherwise,
the
notice
must
be
given at least three
days
in
advance.
2
Eviction
lawsuit
is
filed
by
owner
in
justice
of
the
peace
court.
3
4
Resident
is served
law
suit
papers
by
the constable.
Hearing
is
held
in
JP
court
(shortly
after
resident
is
served
with
copy
of
the lawsuit).
with
the
manager to check its condition againstthe-''move--
---
·---5-If
owner
wins,
consta5le
wiUevi-ct
__
_
in" inventory checklist. Within
30
days
of
your move-out,
resident.
your security deposit
or
an itemized description
of
deduc-
tions must be mailed to you.
If
you
don't
receive a refund Note:
If
you believe you have a valid defense to the
or explanation postmarked within the 30-day period, you eviction action, you should consider retaining an attorney.
